Warner Bros. Entertainment Inc. v. RDR Books

United States District Court (S.D. New York) – 2008

“Fan creativity ends where commercial exploitation begins.”

SHORT DESCRIPTION

Warner Bros. Entertainment Inc. v. RDR Books is a significant copyright and trademark decision dealing with the limits of fan-created works. The case examined whether a reference guide based on the famous Harry Potter series could be published without infringing the author’s and studio’s intellectual property rights. The judgment clearly distinguished between permissible fan use and unlawful commercial appropriation of copyrighted material.

FACTS OF THE CASE

Warner Bros. Entertainment Inc., along with author J.K. Rowling, owned the copyright and trademark rights in the Harry Potter literary series and related works. A fan-operated website known as the “Harry Potter Lexicon” compiled detailed information about characters, spells, places, and events from the books.

RDR Books sought to publish the Lexicon in book form for commercial sale. Although the website had been tolerated as a fan resource, Warner Bros. objected to the printed version, claiming it copied substantial portions of the original works and diminished the market for Rowling’s own planned reference guides.

RDR Books argued that the Lexicon was a transformative work and constituted fair use.

ISSUES INVOLVED

The key issue before the Court was whether the Lexicon book qualified as fair use, or whether it infringed Warner Bros.’ copyright and trademark rights by reproducing protected expression rather than merely factual information.

COURT’S FINDINGS AND OBSERVATIONS

The Court held that while reference works can, in principle, qualify for fair use, the Lexicon went beyond permissible limits. It found that the book copied extensive passages, plot details, and expressive elements directly from the Harry Potter books without sufficient transformation.

The Court emphasized that the work’s commercial nature and its close resemblance to the original texts weighed heavily against fair use. It also observed that allowing such copying would undermine the author’s right to create and market her own companion works.

SUGGESTION / PRACTICAL TAKEAWAY

This case sends a clear message to content creators and publishers that fan-based works must be carefully structured. While non-commercial fan activity may be tolerated, turning such content into commercial products requires genuine transformation and originality. Mere compilation or summarisation of copyrighted expression is legally risky.

JUDGMENT

Year: 2008

The Court ruled in favour of Warner Bros. Entertainment Inc., restraining RDR Books from publishing the Lexicon in its infringing form.